American Chair & Seating Corp. v. Restaurant Seating Corp. et al. (18-cv-10750).

  • April 19, 2018

In a sibling rivalry gone wrong, American Chair accuses Restaurant Seating and Stephen DiStasio of copyright and trademark infringement, palming off, and violation of M.G.L. 93A in connection with Restaurant Seating 2019s alleged use of American Chair 2019s copyrighted photographs, trademarks, and trade dress to steer business from the former to the latter. Prior to forming Restaurant Seating, Stephen DiStasio worked for American Chair under the supervision of his brother and American Chair 2019s President, Michael DiStasio. Restaurant Seating is accused of using American Chair 2019s copyrighted photographs on its website, using confusingly similar slogans to those registered by American Chair (e.g., 201cWe build furniture to last the life of your concept 201d versus American 2019s registered 201cFurniture built to last the life of your concept 201d), and passing off American Chair products as if they were Restaurant Seating 2019s offerings, including in at least one instance hiring a manufacturer to knock off an American design that had been used to sell to a Salem, MA restaurant. American Chair seeks temporary, preliminary, and permanent injunctive relief in addition to damages and attorneys fees. The case is before Judge Woodlock.

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